Case Closed! Or Not?

Back in December of 2021 when Jack McLean was terminated as the city manager, a long legal battle ensued between the City of Quincy, City of Quincy Commissioners, and former city manager, Jack McLean.

Jack Mclean, acting as attorney and plaintiff in some cases, along with attorneys Larry K. White and Louis Thaler, filed a multitude of lawsuits, motions, and petitions, against the City of Quincy and the Commissioners. These suits were centered around allegations of Sunshine Law Violations, issues with the failed Recall Initiative against commissioners, and requests for Injunctive Relief and Declaratory Judgements. As the cases progressed through the court system, most were dismissed by the court or affirmed on appeal.

When there were only three remaining cases in local circuit court, the court consolidated all three cases into one case (No. 33-CA-401) and ordered the parties to mediation.

Mediation was held on February 20, 2023 with all the parties, and the mediator file a notice with the court that an agreement had been reached.

Within the Mediation Settlement Agreement, there was a requirement for a signed general release from plaintiffs, Sherrie Taylor, Yvette Bittle, and Emanuel Sapp. For several months following the mediation, attorneys for the City of Quincy and the Commissioners attempted to get the release from plaintiff, Emanuel Sapp, and his attorney, Jack McLean. For a variety of reasons, Mr. Sapp refused to deliver the signed release.

On June 23,2023, attorneys for the defendants (City of Quincy and the Commissioners) filed a joint motion to enforce the Mediated Settlement Agreement and asked the Court to assess Mr. Sapp and his attorneys with the reasonable expenses incurred by the defendants as a result of Mr. Sapp and his counsel’s refusal to comply with the terms of the Mediation Settlement Agreement.

On July 14, 2023, the Court conducted an evidentiary hearing on the motion to enforce the settlement agreement. During the hearing, Mr. Sapp testified to his medical conditions which he believed impaired his ability to enter into the agreement, but there was no expert medical testimony provided to the Court.

After hearing all the evidence provided by the plaintiff, the Court granted the defendant’s motion to enforce the settlement agreement and ordered Mr. Sapp to execute a general release of the defendants of all claims, known and/or unknown, up to and including the date of the executed release. Additionally, the Court granted the defendants (City of Quincy and the Commissioners) request for attorney’s fees for the expense incurred enforcing the settlement in an amount to be determined at later hearing.

On February 12, 2024, an Evidentiary Hearing was held on the City of Quincy and the commissioners’ motion for taxation of attorney fees. During the hearing, Mr. Benjamin Lagos represented the Commissioners and Mr. Michael Beato and Mr. Gary Roberts represented the City of Quincy Mr. Jack McLean and Mr. Larry K. White represented Mr. Emanuel Sapp. Additionally, the city hired attorney, H. Matthew Fugua, as an expert witness.

During the hearing, Mr. McLean argued the rates charged by some of the attorneys were unreasonable and too high and that Mr. Roberts, the attorney for the City of Quincy, should not be included. Mr. McLean brought no expert to bolster his assertions. Mr. Fugua testified that in his opinion and experience the hours expended, and rates charged to the City of Quincy and the Commissioner were reasonable. Also, Mr. Fugua testified that he had reviewed two invoices presented to the City of Quincy for unrelated cases from two of the lawyers currently opposing fees ( Mr. White and Mr. Thaler). The rates on the invoices from Mr. White and Mr. Thaler were higher than those currently being requested by attorneys in this hearing.

After hearing all the evidence, the Court ordered that Mr. Roberts’ bill be reduced by 3 hours and ordered the three attorneys for the plaintiffs, Mr. Mclean, Mr. White, and Mr. Thaler each pay $10,117.91 for a total of $30,353.73 to the City of Quincy. The Court did not assess the plaintiff, Mr. Emanuel Sapp, attorney fees.

After the order on the Evidentiary Hearing was filed, the consolidated case was closed. Shortly thereafter, all three plaintiffs’ attorneys filed motions for rehearing and the case was re-opened. The Court denied all the motions for rehearing and again, closed the case. On the same day, the case was closed, Mr. McLean and Mr. White filed with the court a transcript of the Feb. 12 evidentiary hearing, which could possibly indicate their intent to appeal the court’s ruling.

It should also be noted that while all the cases pending before the Circuit Court in Gadsden County have been settled to date, Mr. McLean currently has a case pending in Federal Court alleging discrimination by the City of Quincy.

Paula Phillips - mail@gadsdencountytimes.com

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More marijuana licenses backed for black farmers

The Gadsden County Times – Legals – 3/28

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Recommended

Gretna native headed to the National Football League

Gadsden County Times Legals – 10/28

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